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(This note is not part of the Regulations)
1. These Regulations provide for the execution and enforcement in relation to Wales of Commission Regulation (EC) No. 884/2007 on emergency measures suspending the use of E 128 Red 2G as food colour (OJ No. L195, 27.7.2007, p.8).
2. By virtue of European Parliament and Council Directive 94/36/EC (OJ No. L237, 10.9.1994, p.13, as amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council, OJ No. L284, 31.10.2003, p.1), the colour E 128 Red 2G is legally authorised for use in all member States. That Directive has been implemented by the Colours in Food Regulations 1995 (S.I. 1995/3124, as amended). However, Commission Regulation (EC) No. 884/2007 suspends with immediate effect the use of the colour E 128 Red 2G in food and the placing on the market and the import of food containing the colour E 128 Red 2G.
3. These Regulations —
(a)provide that a person who contravenes or fails to comply with certain provisions of Commission Regulation (EC) No. 884/2007 (relating to suspending the use of the colour E128 Red 2G in food; suspending the placing on the market of food containing the colour E128 Red 2G; and suspending the import of food containing the colour E128 Red 2G) is guilty of an offence (regulation 3(1));
(b)provide penalties for offences under regulation 3(1) (regulation 3(2));
(c)provide for their execution and enforcement (regulation 4);
(d)apply with modifications certain provisions of the Food Safety Act 1990 (1990 c. 16) for the purposes of the Regulations (regulation 5); and
(e)revoke the Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Wales) Regulations 2007 (S.I. 2007/2288 (W.178)) (regulation 6).
4. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.
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